Gift deed validity if done without knowledge of other heirs

Querist : Anonymous (Querist) 05 May 2024 This query is : Resolved
Respected sir, we have a Mhada flat which was in father's name post his death transfered in mother's name . We are 3 children can my mother gift deed it to my brother without other 2 siblings knowledge to counter that what should we do ?

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Isaac Gabriel (Expert) 05 May 2024
If it was the self earned property, the gift deed is valid even done without knowledge of heirs.

T. Kalaiselvan, Advocate (Expert) 05 May 2024
The property on the name of the father shall devolve on all his legal heirs upon his death who is reported to have died intestate.
The mother cannot claim ownership for ther entire property.
You are entitled for a share in that property, if they do not agree to give your share in the property, you can very well file a suit for partition and claim your share in the property with separate possession.

kavksatyanarayana (Expert) 05 May 2024
Yes. All the legal heirs of your father have equal rights over the property. So file a partition suit.

Advocate Bhartesh goyal (Expert) 06 May 2024
Since your father was absolute owner of property and he died intestate so after demise of father his property rights devolve to his all legal heirs equally, your mother can't
gift the said property to anyone.if she intends to transfer the property by way of gift you can challenge the same .Better file suit for partition and injunction against your mother and siblings.

SIVARAMAPRASAD KAPPAGANTU (Expert) 06 May 2024
How the property devolved in the name of your Mother?
Did your father write a Will in her favour and based on such Will property devolved to your Mother?

P. Venu (Expert) 06 May 2024
How the flat happens to be transferred to the mother?

T. Kalaiselvan, Advocate (Expert) 12 May 2024
The rights exercised by the mother to transfer the entire property in favour of a chosen child is against law of inheritance.
The aggrieved legal heirs/children of the deceased father can file a suit for partition and challenge the gift deed seeking to declare the registered gift deed as null and void and to allot your share with separate possession.

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